On today's BradCast: It seems like we've been here before. Donald Trump is out lying about his border wall, Congress is days away from another potential government shutdown over Trump's demands, and various scandals continue to rock Virginia's elected Democratic leadership with calls for resignations both continuing and waning. [Audio link to show is posted below.]

Among the stories covered on today's show...

During his State of the Union address, Trump offered false assertions about a border fence in El Paso, Texas, claiming it turned the state from one of the most dangerous cities in the country to one of the safest. The assertions have been debunked and re-debunked over and again since then by, among others, El Paso's sheriff and the city's mayor. Nonetheless, the President is holding a campaign rally in El Paso on Monday to repeat the lies;

Potential Democratic 2020 Presidential candidate Beto O'Rourke --- whose hometown is El Paso --- holds a rally at the same time as Trump's to debunk the lies, after more Democrats (Senators Elizabeth Warren of MA and Amy Klobuchar of MN) announced their intention over the weekend to run for President;

Congressional negotiations teetered on the edge of disaster over the weekend, as Republicans and Democrats work to avoid yet another federal government shutdown as of this Friday at midnight. That, even as many federal employees furloughed or working without pay during the previous shutdown that ended just two weeks ago are still waiting to be fully paid;

Meanwhile, in Virginia, Lt. Gov. Justin Fairfax insists he has no plan to resign, even after a second accuser stepped forward on Friday to charge that he sexually assaulted her in the early 2000s when they were undergrad students. Fairfax is demanding "due process" in the form of, among other things, an FBI investigation into the serious allegations which he maintains were consensual incidents;

At the same time, Virginia's Governor Ralph Northam insists he will not resign either, following the revelation of a racist photo published on his medical school yearbook in 1984, which he says he knew nothing about until it was recently publicized by a Rightwing website. Following fierce calls for Northam to resign last week and subsequent concerns about Fairfax's own fitness for office (he is next in line to succeed Northam if he steps down), some African-American leaders in the commonwealth have announced they have forgiven Northam and are calling for him to remain in office and make amends by working on policy and legislation important to the black community. Also, new polling reveals that a large majority of African-American voters in the state do not want Northam to step down;

And, with all of those messes continuing concurrently, we open the phone lines today and receive some --- um --- fairly wild calls, including one from someone who claims to be black, but is calling for segregation in the U.S. (yes, really) and another from a guy who insists Trump should get due credit for a booming economy. (I disagree.)

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On today's BradCast: Yes, Virginia, there is a problem with race (and hate) in the Commonwealth. But Democrats would be wise to take a breath and notice what's really going on there before making critical political decisions out of fear. [Audio link to show follows below.]

The media are all over the astonishing crisis that has overtaken VA state politics in the past week, since a Republican website revealed a racist photo on Governor Ralph Northam's 1984 yearbook page, and a serious sexual assault allegation leveled against Lt. Governor Justin Fairfax, while Attorney General Mark Herring subsequently announced that he had donned blackface while dressing as one of his favorite rappers for a party 40 years ago when he was 19. The political futures of all three Democrats now hang precariously in the balance, with top Dems (and media elite) both inside and outside of VA demanding Northam resign, despite the complete lack of evidence to suggest he is a racist in the 35 years since the photo was published. As we discussed on Monday's program, Northam claims he knew nothing about the photo until last week, as he hadn't purchased the yearbook.

But with Fairfax --- an African-American and first in line to succeed the Governor, should he step down --- facing a serious assault allegation (which he has repeatedly denied) and some calls for Herring --- second in the line of succession --- to step down, echoing those leveled against the Governor, the next state official in the line of succession is Republican House of Delegates Speaker Kirk Cox.

Cox is in that role, thanks only to a questionably "tied" Delegate election in 2017 that left the GOP in control of the House, after a Republican election judge changed his mind in order to create the tie, and a subsequent lot was drawn from a ceramic bowl to break it.

Far more notably, and far less reported, is that a decade of unconstitutionally gerrymandered House of Delegates districts drawn by the GOP to dilute the voting power of African-Americans gave Republicans as many as 8 more delegates in the House than they likely would have won with fair districts. One of those districts was "won" by Speaker Cox himself, according to a new district map ordered for use in this year's 2019 House elections by a panel of federal judges just weeks ago. Without the racial gerrymander, he likely wouldn't be in the House at all, much less in a position to become the next Governor, replacing a guy who admitted only that he put shoe polish on his face to dress as Michael Jackson in a dance contest 25 years ago.

We break down the entire mess today to, hopefully, shed some light on the FULL story of what's going on there, and how Democrats' fearful and breathless rush to avoid charges of hypocrisy may be serving to simply do themselves in for no good or even smart reason.

Also today: Republicans are freaking out about wildly popular ideas such as increasing taxes on the wealthy and a "Green New Deal" (a resolution officially introduced today by Democratic freshman Rep. Congresswoman Alexandria Ocasio-Cortez [D-NY] and veteran Senator Ed Markey [D-MA]). They are so alarmed that over at Fox "News", anchors are describing increased taxes on rich people as an attack on Capitalism itself, and programs like the Green New Deal as "Venezuela-styled socialism". But the laugh out loud part is when one wingnut Fox personality explains why, he claims, that such programs are now so popular among voters of all political persuasions. AOC's Twitter response was priceless.

Finally today, Desi Doyen joins us for details on all of that and with the latest Green News Report, on Trump's "disgraceful" failure to mention climate change at this week's State of the Union Address, despite hundreds of Americans killed and displaced over this past year alone, which is now, officially, the fourth hottest year since record-keeping began...

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On today's BradCast, should Virginia's Democratic Governor Ralph Northam resign after his 1984 medical school yearbook was revealed late last week to have featured a photo of a man in blackface standing next to a man in a KKK costume? Don't answer that too quickly. Or, at least listen to today's show first. [Audio link to show follows below.]

After apologizing on Friday night for the appearance of the photo --- calling it "clearly racist and offensive", but failing to specify which of the pictured two men he actually was --- the Governor said at a bizarre Saturday press conference that he was neither man and that he had never even seen the photograph before, since he hadn't purchased that year's yearbook. He says the photograph hit him "like a ton of bricks" on Friday night. However, he told the media that he did remember an instance around the same time when he darkened his face to dress up as Michael Jackson for a dance contest. He said he remembered the contest outfit very specifically, discussing it publicly for the first time on Saturday, while insisting that he never recalls dressing up in either minstrel show blackface or as a Klansman, as depicted in the mystery photograph.

One of the two African-Americans in the same medical school class that graduated with Northam told AP the explanation is plausible, as he didn't purchase the yearbook either and found the racist photo on Northam's page to be out of character. Despite Northam's record of working closely with the African-American community and still being a member of a predominately black church in the town where he grew up, top Democrats from Virginia to D.C. and beyond continued their loud calls on Sunday for him to step down and allow his Lt. Gov. Justin Fairfax --- an African-American Democrat --- to replace him.

But should he? And should he be shunned for something that may have never happened? Or, if it did, happened 35 years ago and appears completely inconsistent with his record since then? The answers to those questions are both "absolutely yes" and "no, not so fast", as we discuss with callers today, focusing on Northam's remarks at the strange, yet seemingly earnest Saturday presser in which he stated that acquiescing to calls to step down would allow him to "spare myself from the difficult path that lies ahead," adding: "I could avoid an honest conversation about harmful actions from my past. I cannot in good conscience choose the path that would be easier for me."

We endeavor to have a least part of that "honest conversation" with tons of callers on today's program, including some discussion about key civil rights figures (from Lincoln to Justice Hugo Black to LBJ) whose own histories of racism arguably allowed them to lead on a number of landmark civil rights issues from Emancipation to Brown v. Board of Education to the Civil Rights of 1964 and Voting Rights Act of 1965.

Also today: While I was happy to see MSNBC, on Friday night, highlight a Super Bowl ad buy in Georgia markets by former Democratic gubernatorial candidate Stacey Abrams' voting rights group Fair Fight, calling for "hand-counted paper ballots," the news outlet's Rachel Maddow Show maddeningly cut the :30 commercial off when reporting the story, just before the crucial line calling for "hand-marked paper ballots"! (Made, in the spot, by Republican Commissioner of Habersham County, GA Natalie Crawford, by the way.) Maddening. Especially since, unless the voters rise up to protect overseeable elections and stop them, the state of Georgia, along with counties in key states like Ohio, Pennsylvania, and Texas --- not to mention Los Angeles County and neighboring Ventura County! --- are all now planning moves to expensive, unauditable touchscreen Ballot Marking Devices (BMDs) before the 2020 Presidential election. Those systems print out computer-marked and barcoded paper ballots which are 100% unverifiable after an election has ended.

Add MSNBC's failure there to a list of disappointments over the weekend from the mess in Virginia to the loss of the L.A. Rams at the Super Bowl...

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On today's BradCast, the consequences of elections, from D.C. on immigration, to VA and NJ on gun safety legislation, and across both D.C. and dozens of states when it comes to marijuana policy under Trump's Attorney General. [Audio link to show is posted below.]

The White House, lawmakers and corporate media continue to squabble today over Donald Trump's racist and reportedly vulgar slur of black majority nations as either "shitholes" or "shithouses" during a bipartisan meeting on immigration last week, even as his Departments of Justice and Homeland Security issued a new and misleading report on terrorism that downplays the far greater threat of domestic attacks by homegrown white Americans, in favor of a focus on foreign-born terrorists.

In the meantime, as the White House and Congress attempt to strike a government spending deal that includes protections for DACA recipients in time to avoid a government shutdown at the end of this week, a changing of the guards in both New Jersey and Virginia following last November's elections is taking place and already reshuffling public policy.

NJ's wildly unpopular Republican Gov. Chris Christie was finally replaced on Tuesday by the new Democratic Governor Phil Murphy, one day after Christie finally signed a law that will ban deadly bumpstock devices, like those used to kill 58 people and wound hundreds of others in minutes in Las Vegas last year, in the Garden State. (To his discredit, he had little choice, as the legislation passed both state chambers with zero votes opposing it.)

At the same time, in VA, where Republicans managed to barely hang on to majorities in the state legislature, thanks to some gaming of several House races and of legislative district maps across the state (allowing them to retain control despite losing statewide by a 55% to 45% margin), the GOP's majority control in the state Senate resulted in the gutting of most of the gun safety agenda on which that state's new Democratic Governor Ralph Northam ran and won by a landslide.

Then, we head back to D.C., where Attorney General Jeff Sessions announced after the turn of the new year that the DoJ was reversing Obama-era enforcement guidance on federal law, in order to crack down on states where marijuana has been made legal for medicinal and/or recreational use after decades of prohibition.

As Drug Policy Alliance advisor and marijuana legislation lobbyist MIKE LISZEWSKI joins us to explain, the new DoJ guidance, rolling back the so-called "Cole Memo" from the Obama years, has not gone over well, even with a number of Republican lawmakers, particularly those from cannabis-friendly states where they have seen a dramatic rise in tax revenue thanks to new policies adopted by voters and state lawmakers.

"The Cole Memo was just guidance, it was never binding. But by removing it, Sessions has really given the green light to US Attorneys throughout the country to say, if you want to prosecute against state marijuana conduct you have our backing," Liszewski tells me, before arguing that there is no need for such policy, given that state laws, where pot has been legalized, are already very tough. "If someone was using a state marijuana law to shield some sort of bad activity, they're clearly in violation of state law. There's so much oversight, you're likely going to get caught rather quickly. So there's really no need for additional federal prosecution. It's really addressing a concern that doesn't actually exist --- unless you have some hysterical views about marijuana."

Sessions, of course, famously has views. Last year, for example, he famously stated that marijuana was "only slightly less awful" than heroin. Liszewski breaks down the DoJ's announced change in prosecutorial guidance and the effect it is likely to have (if any) in pro-cannabis states where, he says, it has "turned out to be wonderful for generating state tax revenue...in terms of the money it's pulling in, but also the law enforcement resources, the jail resources, the court resources, that don't have to go into prosecuting low-level marijuana cases."

We also discuss how Congress may still be able to move forward on drug policy under an Attorney General who is an avowed enemy of pot users and a President who claims to favor states' rights on the matter. Congress, Liszewski argues, is close to having the votes to end prohibition at the federal level all together, if it doesn't have those votes already. But, he says, thanks to a few "old guard" Committee Chairs in Congress, it may take a full reshuffling of the deck in the 2018 mid-term elections to see it actually happen.

"The 2018 elections are going to be so crucial to the future of marijuana reform," he says. "Because whether it's a shift in which party controls each chamber, or if it's just voting out the old guard and getting some new Republicans in, either way would be helpful towards ending federal marijuana prohibition."

"It would be very, very difficult to get the genie back in the bottle at this point," Liszewski adds, "especially seeing a good number of Republicans as well as states continuing to move forward right after the Sessions announcement. It really shows that Sessions is alone on an island with this and has very few supporters. I think the writing is on the wall."

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On today's BradCast: The bloodbath for Republicans in Tuesday's off-year elections and a great idea for how Democratic states can take action against real bloodbaths immediately by helping victims of gun violence with a tax against the industry that works around both the 2nd Amendment and federal immunity from lawsuits granted by Congress. [Audio link to show follows below.]

One year to the day after Donald Trump was named the winner of the Presidency in 2016 (while losing the national vote by 3 million), we review what appears to be the remarkable 'blue tidal wave' that swept across much of the country in Tuesday's contests in about one-third of the states. From big races to small, from high office to city councils and boards of education, voters turned out in impressive numbers and Democratic candidates reportedly performed very well in the bargain wherever they ran.

Democratic candidate Ralph Northam walloped the Trump-supported GOP candidate Ed Gillespie by some 9 points for Governor in Virginia, a clear rebuke to both the President and the racially-based scare campaign both he and Gillespie ran on. Democrats also won for Lt. Governor (only the second African-American to win statewide since the Civil War) and for Attorney General. In perhaps the biggest surprise in the state, voters also turned out at least 15 Republicans from the state's House of Delegates which, depending on some challenges and "recounts", may result in a stunning Democratic takeover of the state's lower chamber that had a 66 to 34 GOP majority before last night. (VA also moved from 100% unverifiable touch-screen voting systems to optically-scanned hand-marked paper ballots this year. So, at least there will be something to count in "recounts" there this year.) Minorities of all sorts --- including the first openly transgender candidate who replaced a homophobic hard right incumbent --- won in the VA House, where Dems out-voted the GOP by more than 200,000 votes. Nonetheless, thanks to Republican gerrymandering, they may still end up in a slim minority there.

Dems also took over the gubernatorial mansion in NJ from the wildly unpopular Chris Christie and won re-election for mayor in NYC by a landslide. African-American candidates won mayoral victories for the first time in cities from North Carolina to South Carolina to Georgia to Montana to Minnesota. Topeka, KS picked up its first Hispanic mayor and Hoboken, NJ now has its first Sikh mayor. And, in Maine, voters overwhelmingly approved the expansion of Medicaid under the Affordable Care Act, which will result in health care for some 80,000 Mainers if the dumbest Governor in the nation, Paul LePage, stops blocking it. (It is also likely to inspire similar ballot initiatives in 2018 in other states where Republicans are denying federally-funded health care to their own residents.) It also appears that the last Republican-controlled legislature on the West Coast, the Washington state Senate, has fallen to Democratic-control, creating a "Blue Wall" of states in the West from Canada to Mexico. So it was a good day for Dems, and seemingly a very troubling omen for Trump and the GOP in 2018.

Meanwhile, it's been just days since 26 were massacred and 20 others shot by a man with a semi-automatic rifle in Sutherland Springs, TX. But Republicans have already made clear they intend to take no legislative action in response. Our guest today, however, legal reporter MARK JOSEPH STERNof Slate, has a fantastic idea that Democratic-controlled states could implement almost immediately. It's one that works around the NRA's 2nd Amendment challenges, as well as the outrageous federal "Protection of Lawful Commerce in Arms Act" (PLCAA) of 2005, which largely granted total immunity to gun manufacturers and dealers from lawsuits filed by victims.

"PLCAA is an entirely unique law. There is literally nothing else like it in the federal code," Sterns explains. "This law literally erased hundreds of years of laws and statutes, and jury verdicts, and forced all states to comply with this federal statute that basically prevents anybody from successfully suing a gun manufacturer or a gun seller, and gives them complete immunity to be as negligent as they want."

Stern's idea, as he explains, would result in help for victims of gun violence (more than 300 per day across the country) and their families, who often face bankruptcy after such incidents, as gun violence costs some $2.8 billion each year in health care costs alone. The measure would also force the gun industry to finally pay up for at least a small part of the unspeakable damage, pain, suffering and injury that they help to inflict every day on Americans.

State's "need to propose a special tax on the income of gun manufacturers and gun sellers that is high without being exorbitant. Tax their profits at every stage. They make a huge amount of money, so this would not burden them. This would not shutter manufacturers. But it would force them to pay a lot more, millions more, every year in taxes. What the legislature needs to do is take this extra revenue and place it in a fund that is explicitly designated to be paid out to victims of gun violence. When people are shot, and it is not at all their fault, they should be able to draw money from this fund to pay for their medical expenses and other care. There should be no cap, no limit on it. And no one would be able to raise a Constitutional objection. This is perfectly compliant with the Second Amendment and PLCAA."

Listen to today's show and please see Stern's excellent piece at Slate this week as well. Then get your state legislators busy! Many already have similar funds for victims of all sorts, like those harmed by the vaccine industry. This, Stern argues, should be a no-brainer for states like California and, perhaps now, even Virginia.

Finally, we close today with a few comments from Stephen Colbert that help bring all of the topics discussed on today's show together and into stark perspective...

While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!

On today's BradCast, we offer a bit of a response to those who are still under the impression, for some reason, that Trump is a "different kind of Republican", or that he's a non-ideological populist "draining the swamp" and taking on Wall Street and the Big Banks, or --- perhaps most dangerously --- that he has no coherent agenda. We also dive into the upcoming November 7 race for Governor in Virginia and questions about the corrupt past (and future?) of the GOP nominee. [Audio link to show follows below.]

As chaotic as everything he is doing seems to be, Trump's agenda is, in fact, very coherent, and little more than radical George W. Bush right-wing Republicanism on steroids --- albeit without the educated and politically correct artifice. Among the exhibits in today's argument: His administration's attempt to physically (and emotionally) prevent a teen immigrant from receiving a Constitutionally lawful abortion by keeping her locked up, despite court orders; and the Republican Senate vote late Tuesday night, with a huge assist from the Trump Administration, to dismantle a key consumer protection reform that had been five years in the making following the 2008 mortgage crisis and subsequent global economic meltdown.

That big win for Trump and Wall Street will prevent American consumers from having the right to sue huge corporations even after being screwed by deceptive, fraudulent practices. Yes, elections have consequences. And there is another big one set for just under a week from now to replace the outgoing Democratic Governor of Virginia.

The polls are reportedly tightening in the race between Democratic Lt. Governor Ralph Northam and former RNC chair, corporate lobbyist and George W. Bush Administration official Ed Gillespie. We're joined from Capitol Hill today by muckraking ShareBlue reporterMIKE STARK, who has been covering the Gillespie campaign and recently plowed through Bush-era White House visitor logs during Gillespie's term as a White House advisor, to find several instances of meetings with executives and lobbyists for big banks and energy companies that Gillespie had previously represented. The very next day after those meetings, Stark reports, the Bush Administration changed policies on issues those companies had been lobbying for.

The revelations and concerns of quid pro quo corruption come on the heels of the last Republican Governor from Virginia, Bob McDonnell, having been convicted of multiple counts of public corruption related to expensive gifts and huge sums of cash received from the CEO of a company hoping to win favors from the Governor.

Stark details his findings from those 2007 White House logs; his attempts to press Gillespie on the stump regarding his corporate lobbying work for big banks, big tobacco, big energy, and big pharma; his ties to the NRA, which, along with the Koch Brothers' Americans for Prosperity, is making huge television ad buys on Gillespie's behalf; the GOP candidate's claims to oppose bigotry and racism in all forms, despite racist ads and disgraced former U.S. Sen. George Allen (R-VA), forced out of the Senate after racist comments, serving as Gillespie's campaign chair. We also discuss Trump's role in the race and whether Democrats may be on the verge of losing what should be an otherwise easy off-year election victory in Virginia.

Finally, Desi Doyen joins us to discuss the bizarre news regarding the tiny company from Montana that was, for some reason, granted a $300 million contract to rebuild Puerto Rico's energy grid after the devastation of Hurricanes Irma and Maria, and the report late today from the Wall Street Journal that a federal oversight board plans to install an Emergency Manager to takeover, and potentially privatize, Puerto Rico's state-owned power company. We get comment from a former Puerto Rico Power Commissioner who describes why the news is "unfortunate" for the island's 3.5 million struggling residents...

While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!